The following words, terms, and phrases, and their derivations,
when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different
meaning:
Includes the words “alms,” “money,”
“subscription,” and “property” or any donations
under the guise of a loan of money or property.
Any person who goes upon the premises of any private residence
in the city, not having been invited by the occupant thereof, carrying
or transporting goods, wares, merchandise or personal property of
any nature and offering the goods, wares, merchandise, or property
for sale. This definition also includes any person who solicits orders
and as a separate transaction makes deliveries to purchasers as part
of a scheme to evade the provisions of this article.
Includes all activities ordinarily performed by a peddler
as indicated under the definition of “peddling” in this
section.
A natural person or any firm, corporation, association, club,
society or other organization.
Includes all activities ordinarily performed by a solicitor
as indicated under the definition of “solicitor” in this
section.
Any person who goes upon the premises of any private residence
in the city, not having been invited by the occupant thereof, for
the purpose of taking or attempting to take orders for the sale of
goods, merchandise, wares, or other personal property of any nature
for future delivery, or for services to be performed in the future.
This definition also includes any person who, without invitation,
goes upon private property to request contribution of funds or anything
of value.
(a)
Violation of any of the provisions of this article shall be treated as an infraction, and shall, upon conviction, be punishable by a fine as provided in section 1.01.009 of this code.
(b)
In
addition to any criminal enforcement, the city or any individual may
pursue any available civil remedies deemed appropriate and necessary.
Any person claiming to be legally exempt from the regulations
set forth in this article, or from the payment of a permit fee, shall
cite to the city secretary the statute or other legal authority under
which exemption is claimed and shall present to the city secretary
proof of qualification.
It shall be unlawful for any person, whether licensed or unlicensed,
while conducting the business of a peddler or solicitor, to enter
upon any residential premises in the city where the owner, occupant
or person legally in charge of the premises has posted, at the entry
to the premises, or at the entry to the principal building on the
premises, a sign bearing the words “No Peddlers,” “No
Solicitors,” or words of similar import.
No person, while conducting the activities of a peddler or solicitor,
whether licensed or unlicensed, shall enter upon any private property,
knock on doors or otherwise disturb persons in their residences between
the hours of 9:00 p.m. and 9:00 a.m.
(Ordinance 2018-02 adopted 2/22/18)
(a)
It
shall be unlawful for any person to distribute, sell or offer for
sale or distribution any goods, wares, merchandise or service, or
solicit a ride, employment, donations, contributions or business within
a roadway, or on any median or traffic island within the right-of-way
of any street or highway within the city, unless otherwise permitted
as an ice cream truck.
(b)
It
shall be unlawful for any person to distribute or sell or offer for
sale or distribution any goods, wares or merchandise, or solicit a
ride, employment, donations or contributions by a direct transaction
or exchange with the occupant of any vehicle stopped or traveling
on any street or highway within the city.
(c)
An
offense under this subsection occurs when the offer, solicitation
or distribution is made regardless of whether a transaction is completed.
(Ordinance 2021-11, sec. 4, adopted 3/25/21)
It shall be unlawful for any person eighteen (18) years of age
or older to engage in peddling or solicitation activities within the
city without first obtaining a permit issued by the office of the
city secretary; provided, however, that the following are exempted
from the provisions of this section:
(1)
Any
solicitation made upon premises owned or occupied by an organization
upon whose behalf the solicitation is made;
(2)
Any
communication by an organization soliciting contributions solely from
persons who are members of the organization at the time of such solicitation;
or
(3)
Any
solicitation in the form of a collection at a regular meeting, assembly
or service of a charitable person.
(a)
No
person under the age of eighteen (18) shall be permitted to engage
in peddling or solicitation except as provided in this section.
(b)
A
permit shall be obtained by a sponsoring person, company or organization
for the conduct of any peddling or solicitation activities involving,
in whole or in part, a sales force of one (1) or more persons under
eighteen (18) years of age.
(c)
The
sponsor shall be responsible for supervising and controlling the conduct
of all persons, including juveniles, peddling or soliciting under
the sponsor’s permit.
(d)
The
sponsor shall provide to each individual in its sales force a badge
or other easily readable form of identification which identifies the
name of the sponsor and the name of the individual. The sponsor shall
require all individuals in its sales force to wear such identification
so that it is clearly visible at all times when the individuals are
peddling or soliciting.
(e)
The
sponsor shall comply with the requirements of the state Youth Employment
Act.
(f)
A
person wishing to comply with this section by getting a permit for
sponsoring juveniles must make application at least 48 hours before
the permit is needed.
Every person subject to the provisions of this article shall
file with the city secretary an application in writing on a form to
be furnished by the office of the city secretary, which shall provide
the following information:
(1)
Proof
of age, address and identification of the applicant, to be provided
through the applicant’s driver’s license, articles of
incorporation (for sponsors), or other legally recognized form of
identification.
(2)
A
brief description of the business or activity to be conducted.
(3)
The
hours and location for which the right to peddle or solicit is desired.
(4)
If
employed, the name, address and telephone number of the employer,
or, if acting as an agent, the name, address and telephone number
of the principal who is being represented, with credentials in written
form establishing the relationship and the authority of the employee
or agent to act for the employer or principal, as the case may be.
(5)
A
statement as to whether the applicant has been convicted of a felony,
misdemeanor or ordinance violation (other than traffic violations),
the nature of the offense or violation, the penalty or punishment
imposed, the date when and place where such offense occurred, and
other pertinent details thereof.
(6)
Proof
of possession of any license or permit which, under federal, state
or local laws or regulations, the applicant is required to have in
order to conduct the proposed business.
(7)
Two
(2) photographs of the applicant which shall have been taken within
sixty (60) days immediately prior to the date of filing of the application.
The photographs shall measure 1-1/2 inches by 1-1/2 inches and show
the head and shoulders of the applicant in a clear and distinguishing
manner.
(8)
The
state driver’s license number of all persons who will operate
a motor vehicle for the permittee must be provided.
(9)
Proof
of liability insurance (as required by state law) must be provided
at the time of request for this permit. Such proof shall be in a format
permitting retention by the city secretary.
(10)
A copy of a limited sales tax permit issued by the state, or proof
that the goods sold are not subject to such sales tax.
(11)
A statement of the type of goods or wares to be sold.
(12)
The fingerprints of each agent selling within the city.
(13)
A copy of a current health certificate if merchandise of edible quality
is to be sold; provided, however, this shall not apply to the sale
of candy, nuts or other edibles prepared and packaged by a nationally
recognized manufacturer or a state manufacturer meeting standards
imposed by state and local health codes, if such packages are unbroken.
At the time the application is filed with the department, the
applicant shall pay a fee to cover the cost to the city of processing
the application and investigating the facts stated therein. The application
fee shall be ten dollars ($10.00) for each solicitor or peddler and
shall not be refundable.
(a)
Upon receipt of an application, the city secretary, or authorized representative, shall review the application. Within thirty days of receipt of the application, the city secretary shall approve the application and upon payment of the prescribed fee, issue the permit to the applicant unless a grounds for denial exists under section 4.06.036.
(b)
The
permit shall show the name, address and photograph of the permittee,
the class of permit issued, the kind of goods or services to be sold
or delivered, the date of issuance, and the length of time that the
permit shall be in effect. The permit shall also show the permit number
and identifying description of any vehicle to be used in carrying
on the business for which the permit is issued.
(c)
A
record of all permits issued shall be maintained by the department
for a period of at least two (2) years.
(a)
Upon
the city secretary’s review of the application, the city secretary
shall refuse to issue a permit to the applicant under this article
for any of the following reasons:
(1)
An investigation reveals that the applicant falsified information
on the application;
(2)
The applicant has been convicted of a felony, misdemeanor or ordinance
violation involving a sex offense, trafficking in controlled substances,
or any violent acts against persons or property, such conviction being
entered within the five (5) years preceding the date of application;
(3)
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit or misrepresentation has been entered
within the five (5) years immediately preceding the date of application;
(4)
There is no proof as to the authority of the applicant to serve as
an agent to the principal; or
(5)
The applicant has been denied a permit under this article within
the immediate past year, unless the applicant can and does show to
the satisfaction of the city secretary that the reasons for such earlier
denial no longer exist.
(b)
The
city secretary’s disapproval and the reasons for disapproval
shall be noted on the application, and the applicant shall be notified
that this application is disapproved and that no permit will be issued.
Notice shall be mailed to the applicant at the address shown on the
application form, or at the applicant’s last known address.
The notice of denial shall be mailed within thirty (30) days of the
receipt of the application.
All permits issued under the provisions of this article shall
expire one (1) year from the date of issuance.
At the same time the permit is issued, the city secretary shall
issue to each permittee a badge, which shall be worn by the permittee
in such a way as to be conspicuous at all times while the permittee
is soliciting or peddling in the city.
Every person required to obtain a permit under the provisions
of this article shall exhibit the permit when requested to do so by
any prospective customer or peace officer.
It shall be unlawful for any person other than the permittee
to use or wear any permit or badge issued under the provisions of
this article.
Any permit issued under this article may be revoked or suspended
by the city secretary, after notice and hearing, for any of the following
reasons:
(1)
Fraud,
misrepresentation or false statement contained in the application
for a permit;
(2)
Fraud,
misrepresentation or false statement made by the permittee in the
course of conducting solicitation or peddling activities;
(3)
A plea or conviction of a crime described in section 4.06.036(a)(2);
(4)
A judgment involving a matter described in section 4.06.036(a)(3);
(5)
The
type of solicitation activity requires a bond, and the bond requirements
have not been complied with or the bond has expired or is no longer
valid; or
(6)
A
violation of any of the regulations set forth in this article.
Notice of a hearing for revocation or suspension of a permit
issued under this article shall be provided in writing and shall set
forth specifically the grounds for the proposed revocation or suspension
and the time and place of the hearing. Notice shall be mailed, postage
prepaid, to the permittee at the address shown on the permit application
or at the last known address of the permittee.
(a)
Any
person aggrieved by the action or decision of the city secretary to
deny, suspend or revoke a permit applied for under the provisions
of this article shall have the right to appeal such action or decision
to the city administrator within fifteen (15) days after the notice
of the action or decision has been mailed to the person’s address
as shown on the permit application form, or to his last known address.
(b)
An
appeal shall be taken by filing with the city secretary a written
statement setting forth the grounds for the appeal.
(c)
The
city secretary shall transmit the written statement to the city administrator
within ten (10) days of its receipt and the city administrator shall
set a time and place for a hearing on the appeal.
(d)
A
hearing shall be set not later than twenty (20) days from the date
of receipt of the appellant’s written statement.
(e)
Notice
of the time and place of the hearing shall be given to the appellant
in the same manner as provided for the mailing of notice of action
or decision.
(f)
The
decision of the city administrator on the appeal shall be final and
binding on all parties concerned.
(Ordinance 2018-02 adopted 2/22/18)
